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Uman Mandal vs The State Of Bihar on 20 January, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1630 of 2019
Arising Out of PS. Case No.-6 Year-1994 Thana- HATHAURI District- Samastipur

Uman Mandal Son of Late Ram Gulam Mandal, Resident of Village- Ramaul,
P.S.- Hathauri, District- Samastipur.

… … Appellant
Versus
The State of Bihar.

… … Respondent

Appearance :
For the Appellant/s : Mr.Abhay Shankar Singh, Advocate
For the Respondent/s : Mr.Sujit Kumar Singh, Addl.P.P.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER

5 20-01-2020 Heard learned counsel for the appellant and learned

Additional Public Prosecutor for the State.

Appellant has filed this appeal for grant of bail and

suspension of sentence during pendency of the appeal. He has

been convicted for the offence under Section 376 I.P.C. and has

been sentenced to undergo a rigorous imprisonment of seven

years with a fine of Rs. 5,000/- (Five Thousand) in connection

with Session Trial No. 429 of 1996 arising out of Hatahuri P.S.

Case No. 06 of 1994.

Learned counsel for the appellant submits that on

perusal of the First Information Report it would appear that the

victim lady had alleged that on the date of occurrence i.e. on

04.02.1994 when she was working in a field the appellant came

there, snatched her Khurpi which was in her hand, put her down
Patna High Court CR. APP (SJ) No.1630 of 2019(5) dt.20-01-2020
2/4

and after removing her cloths he committed rape on her. She has

narrated the occurrence in such a way that in course of medical

examination at least some evidences could have been found

indicating commission of rape but learned counsel submits that

in the medical examination report the doctor who has been

examined as P.W. 6 noted as follows which have been

mentioned in Paragraph ’12’ of the judgment of the learned Trial

Court :-

“12- vfHk;kstu lk{kh la[;k6 MkW0 fdj.k us vius
eq[; ijh{k.k esa dFku fd;k gS fd fnukad04-02-1994
dks og vukfedk ¼ifjofrZr uke½ ifr**Y^^ xzkejekSy
ds ijh{k.k ds nkSjku fuEukafdr t[e ik;s %

(i) No external injury on any part of her body.

(ii) No nail marks on any part of the body.

(iii) No tenderness of the external part of the
abdomen.

(iv) No stain on the under garments.

(v) No matting of pubic hairs on internal
examination.

(vi) No injury found on internal examination.

(vii) No foreign body found.

(viii) Uterus and cervix are normal.
Patient referred to Samastipur Sadar Hospital for
pathological examination of vaginal swab. “

Learned counsel further submits that according to the

victim lady she was working in a Arahar field and the crop of

Arahar plant are hard crops and if any forcible rape was

committed on a woman in the Arahar field she would have

suffered some sort of external injury but the doctor noticed no

external injury on her body and no stain as mentioned above on

her undergarments.

Patna High Court CR. APP (SJ) No.1630 of 2019(5) dt.20-01-2020
3/4

It is his submission that the medical report as

mentioned above categorically indicates that it was not a case of

rape, however, on the basis of the ocular evidences and the

statement of the victim lady the trial court has convicted this

appellant. No vaginal swab report was ever obtained and the

Investigating Officer did not appear in course of trial, therefore,

even the place of occurrence was not proved. The appellant is

said to be in custody after conviction from 05.03.2019 and in

course of trial he had remained in custody for about four

months. He had never misused the privilege of bail, the offence

had allegedly taken place in the year 1994 and that at this stage

as per the trial court judgment the appellant is aged about 77

years.

Learned Additional Public Prosecutor for the State has

though opposed the prayer for bail of appellant, however, it is

submitted that in the nature of the allegations made by the

informant in her First Information Report some sort of support

could have been indicated in the medical examination report by

the doctor but in this case the doctor has not noticed any

external injury or any injury even on internal examination and

no foreign body was found even though the medical

examination was conducted on the same day.

Patna High Court CR. APP (SJ) No.1630 of 2019(5) dt.20-01-2020
4/4

Considering the facts and circumstances of the case as

noticed above, particularly the medical examination report not

indicating any sign of rape, at this stage this Court directs

release of the appellant above named on furnishing of bail bond

of Rs. 15,000/- (fifteen thousand) with two sureties of the like

amount each to the satisfaction of learned Additional Sessions

Judge 1st, Rosera (Samastipur) in connection with Session Trial

No. 429 of 1996 arising out of Hathauri P.S. Case No. 06 of

1994 during pendency of the appeal.

The fine imposed shall remain suspended.

(Rajeev Ranjan Prasad, J)
vats/ved

U T

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